Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1887-04-28
INTERSTATE cOHarRCr.
The Commission Takes Occasion to Gently Lect-
ARE Railroad Meh-Thsir Cooperation Invited
that the Law May be Fairly Executed.

The Commission Takes Occasion to Gently Lsct-
ARE Railroad Meh-Thsir Cooperation Invited
that the Law May be Fairly Executed.
The Interstate Commission has received
applications from q great number oisources
asking rulings upon many questions sug-
gested by the text Of the law. To those It
makes answer:
A careful reading Of the act under which
this commission Is organized will show TO
the petitioners and Others who have made
similar applications that no jurisdiction
has been given to us to answer questions
like these under consideration. Two sec
lions OF the law confer power upon the
commission to entertain and decide appli-
cations and petitions. Section A empow-
ers us, Upon application by a commoncar.
rier, to authorize such common carrier, in
special cases, to charge less for longer than
for shorter distances over the same line, and
also to prescribe The extent Of relief from
the operation OF the fotmer part OF tho
same section which a designated common
carrier may from time to time enjoy.
1t is obvious thatapplicationslike those
OF the railway conductors aud the Trade
and Travellers union have nc relation
whatever to the duty imposed upon us by
section 1.-The only section ofthe law which
the commission has power to suspend or
relax.
Although it night be desirable or Mt
east convenient in respect to many pieces
Of new legislation to have a tribunal estah.
lished to which inquiries might apply for
Instruction and advice respecting the
me.snirg Of the law and its application to
suggest circumstances and conditions. a
moments reflection will show that no such
tribunal could be properly erected. Con.
yress has not the management OF the
railroads out of the hands OF the railroad
companies. 1t has simply established
CERTAIN PRINCIPLES
under which interstate co mmerce must be
conducted. There is nothing novel in these
provisions. They simply bring back the
business OF the common carriers to the
well settled principles OF the common law.
Yet no one can deny that there was urgent
need of their statutory formulation? Al
legged difficulties in putting them in opera
zion only disclose examples OF the extent
to which they rave been violated in the
past. The sections OF the act are express
ed in plain words. A construction must
be given to them In the first instance to
The carriers and their patrons. When a
course Of conduct has been adopted, Of
which complaint is made that IL violates
The law, the decision OF the question
will rest with the courts or with
The commission as the complaining
party may elect. This is the orderly meth
I'd in which all legislation is administered
md applied, and the statute in question
represents no exception. Ii appears from
he clamorous petitions that have been
aid before us for preliminary a advice, many
81 them obviously upon the euggcstion II
got By the procurement OF the carriers,
hat comment on the law by the carriers,
md those who lave heretofore enjoyed
special favors at their hands, describes the
gystem OF penalties which the law provids
IS as extreme, and the risks imposed on
lnintenttonal and unwilling v:olators OF
the provisions as enormous. Such COM
nent seems to us neither fair nor just. IL
S true that section 8 provides that for vi.
~olations OF the law, and for failure to do
IN act which the law requires, the offending
carrier shall be liable to the injured party for
THE ACTUAL DAMAGE
sustained, together with q reasonable
counselor attorney fee, to be fixed by the
court and collected with the costs in the
case. 1t is also true that section 10 i'm.
poses a fine OF not to exceed So upon
ommon carriers and their officers, agents
and servants who willfully do or cause to
be done, or willingly suffer or permit to be
done, an prohibited act, Upon conviction
In a district court of the United States.
The remedy described in section s adds an
attorneys fee to the existing common law
right Of any injured party to recover the
null amount OF his damage, a condition of
affairs which cannot greatly alarm corpo-
rations disposed to fair dealing, while the
criminal remedy given in section 10 obvi-
ously pertains to intentional yiolators OF
the law, and in these cases to be graduated
by the court according to the enormity OF
the oifense. Good faith exhibited in an
honest effort TO carry out the requirements
Of the law viii involve reasonable and fair.
minded officials In no danger OF damages
or fines. The elasticity OF the statute in
their favor is noticeable. The unjust dis.
elimination OF section 2 must be lin n like
and contemporaneous service in the trans.
p~ortation of n like kind OF traffic under
substantially similar circumstances md
conditions" The preference or ad vantage
Of section 8 must be undue or unreason.
able throughout the act ne 1t nov stands
In confessedly experimental form, there is
exhibited an obvious and a generous pur-
pose to ALLOW to the corporation ample
scope in the conduct OF their business as
common carriers for the people, and fair
consideration oil every reasonable claim,
while insisting upon just, impartial, open
and consistent rates of charge, to which
svery citizen shall be subject alike, whose
situation is the same. Surely the people
ooULD NOT AsK FOR LESS.
The Language ard the tenor OF the act
"~iS t1AA w luobhs EdhEOdQ bhudgeFs. III
any such there be who refuse to accept re.
sponsibilities decline to offer rates, to neg.
lect to announce conditions of traffic, EN-
barrass the customary interchange oil
business and impose ~stasnatioh upou
trade, they hstiek in the bark OF the
phrases and impressions Of the law in
venting doubts and imaginable dangers.
1t is still more unjustifiable for railroad
companies to make use Of the general
plag,aaa zE A. H.. s--s-- "a. ---lsV4-.
and enlarging words ami formulas, In Or
der to impose additional burdens upon
localities, trades, professions, manuiaet-
urers, consumers, classes of travellers or
employers, straining and depressing every
construction in favor Of the corporation
treasury and quoting the new law as au-
thority Tor all manner OF petty exactions:
The powers OF the commission are entirely
adequate to cope with such conduct, the
existence OF which is not affirmed although
II has been somewhat publicly suggested.
The same statute which enacts that
charges for like service shall be uniform to
all also provides hat charges in every
case and for every kind and class OF
service, shall be reasonable and
Just, As the law Is practically ap.
piled, Il is said to contain many ele-
ments OF advantage to the economic.
ni and profitable management OF the bust
ness OF the carriers, which they nave not
been slow to apprehend and take the bene-
ht oil. The commission ventures to ex-
press the hope that with this explanation
respecting the mutual functions Of the car
riers and the commissioners in carrying
the law into effect according to its true in
tent and meaning. there will be no lack OF
good faith and active co. operation in
continuing the normal activity OF every
kind OF reputable industry and traffic